'Opportunistic' nieces claim 'rich' uncle's $4.6m wealth

Two Sydney sisters who asked a court to give them access to their late uncle's inheritance that has been allocated to his stepson could not even prove they had exchanged Christmas cards.

Sandra Payne, 72, and Diann Miller, 70, applied for a portion of the estate of their uncle, Mervyn Vincent Sheehan, who died aged 86 in 2013, leaving $4.6 million.

They told the court that Mr Sheehan had said he would look after "you girls when the time comes".

The sisters could not even prove they and their rich uncle exchanged any Christmas cards. Supplied

They argued that their uncle's stepson, James Ryan, who inherited all of Mr Sheehan's estate, did not need the extra money because he was a widower aged 75 while Ms Payne was receiving a pension.

The sisters and their uncle lived together in the same house, along with other family members, in 1946 and 1950 when they were infants, but had not lived in the same house since.

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Argument rejected

NSW Supreme Court judge Peter Young rejected the sisters' argument and ordered them to pay the other side's legal costs. "Merely because the beneficiary is a rich man is no strong reason why a testator should make provision for people who were not that close to him during his life and made absolutely no contribution, as is acknowledged, to the fortune he amassed," Justice Young told the court.

He rejected the sisters' argument they had a close relationship with their uncle. He noted in particular that the younger sister could not produce one piece of paper or photograph that showed the family connection despite her claim they exchanged Christmas cards.

"One would expect that over a period of 50 years, if there was a close relationship akin to parent and child, some documents would be able to be produced, some letters of congratulations when the niece did something praiseworthy would have been retained, but there is absolutely nothing," Justice Young said.

When asked why she could not produce any photos of them together in the last 10 years of the uncle's life, she said there were fewer family celebrations.

'Strong message' for opportunistic claimants

He noted none of Mr Sheehan's neighbours ever saw the sisters at any stage during their long association with the Sheehan family.

McCullough Robertson lawyer Scott Whitla said this case sends a "strong message" for opportunistic individuals trying to claim a stake on their relative's wealth, because the judge ordered the sisters – one on a pension – to pay the other side's legal costs.

"They were really quite opportunistic in bringing the claim because they hadn't lived with him for 60, 70 years and they led very separate lives," he said.

Mr Whitla said it was highly unusual for nieces to use the law to claim a stake in their uncle's property and even if there had been Christmas card contact, they would not have been eligible to claim an inheritance from the uncle.

Mr Whitla said they could have been eligible for a small inheritance of about $100,000 out of the $4.6 million estate had they been able to demonstrate they had a close relationship with the uncle, for example if the uncle helped them out with small gifts or financial loans on an odd occasion.